(a) There is established a special volunteer license for
physical therapists or physical therapist assistants, as the case
may be, retired or retiring from active practice who wish to donate
their expertise for the care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or
in part, for the delivery of health care services without charge.
The special volunteer license provided by this section shall be
issued by the West Virginia Board of Physical Therapy to physical
therapists or physical therapist assistants licensed or otherwise
eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, and the initial license shall be issued
for the remainder of the licensing period, and renewed consistent
with the boards other licensing requirements. The board shall
develop application forms for the special volunteer license
provided in this section which shall contain the applicant's
acknowledgment that:

(1) The applicant's practice under the special volunteer
license will be exclusively devoted to providing physical therapy
care to needy and indigent persons in West Virginia;

(2) The applicant may not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment or compensation, for any physical therapy services rendered under
the special volunteer license;

(3) The applicant shall supply any supporting documentation
that the board may reasonably require; and

(4) The applicant shall continue to participate in continuing
education as required by the board for special volunteer physical
therapists or physical therapist assistants license, as the case
may be.

(b) Any physical therapist or physical therapist assistant who
renders any physical therapy service to indigent and needy patients
of a clinic organized, in whole or in part, for the delivery of
health care services without charge under a special volunteer
license authorized under subsection (a) of this section without
payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the
physical therapy service at the clinic unless the act or omission
was the result of gross negligence or willful misconduct on the
part of the physical therapist or physical therapist assistant. In
order for the immunity under this subsection to apply, there must
be a written agreement between the physical therapist or physical
therapist assistant and the clinic stating that the physical
therapist or physical therapist assistant will provide voluntary
uncompensated physical therapy services under the control of the
clinic to patients of the clinic before the rendering of any services by the physical therapist or physical therapist assistant
at the clinic: Provided, That any clinic entering into such
written agreement is required to maintain liability coverage of not
less than $1 million per occurrence.

(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a physical therapist or
physical therapist assistant rendering voluntary physical therapy
services at or for the clinic under a special volunteer license
authorized under this section.

(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure for a physical therapist or physical therapist assistant,
as the case may be, except the fee requirements.

(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer license to any physical
therapist or physical therapist assistant whose license is or has
been subject to any disciplinary action or to any physical
therapist or physical therapist assistant who has surrendered a
license or caused a license to lapse, expire and become invalid in
lieu of having a complaint initiated or other action taken against
his or her license, or who has elected to place a license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her license or who has been denied a license.

(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any physical therapist or physical therapist assistant covered
under the provisions of this article shall be read so as to contain
a provision or endorsement whereby the company issuing such policy
waives or agrees not to assert as a defense on behalf of the policy
holder or any beneficiary there of the policy, to any claim covered
by the terms of the policy within the policy limits, the immunity
from liability of the insured by reason of the care and treatment
of needy and indigent patients by a physical therapist or physical
therapist assistant who holds a special volunteer license.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.